Terms Of Use

Psycho-Acoustic Simulations

BlueBeat CEO Hank Risan pioneered simulated sound-alike recordings of previously recorded musical works, called 'Psycho-Acoustic Simulations,' based on a branch of science that studies the psychological and physiological responses associated with sound (including speech and music). Risan's proprietary and patented simulation technology (a) analyzes and deconstructs original sound recordings into their component parts, (b) creates compositional scores based on the deconstructions, (c) synthesizes replacement sounds, and (d) fixes the sounds in a 3-D virtual sound stage in MP3 format. BlueBeat sound engineers
control artist placement and mic'ing to create a dynamic and evocative listening experience for each BlueBeat simulation.

Last Updated May 14, 2013

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

BlueBeat, Inc. ("BlueBeat," "we," "us") provides this web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between BlueBeat and you ("you") with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By completing the registration process and accepting this Agreement, you represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions and (ii) you are at least 18 years of age. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not check the acceptance box during the process of signup up for an account, and do not continue the registration process.

PLEASE NOTE THAT WE ARE EXPRESSLY RELYING ON YOUR REPRESENTATION THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT WE WOULD NOT ENTER THIS AGREEMENT WITH YOU AND WOULD NOT ALLOW YOU TO ACCESS THE SITE BUT FOR THIS REPRESENTATION. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

We reserve the right at any time to:

Change the terms and conditions of this Agreement;

Change the Site, including eliminating or discontinuing any content on or feature of the Site; or

Change any fees or charges for use of the Site.

It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.

Services

BlueBeat offers certain products and services via the Site, including without limitation, "Building Playlists", and "Catalog Search" services (collectively, the "Services"). In order to access the Services, you may need to install (or activate, if pre-installed) BlueBeat's proprietary software application; from time to time, you may also be required to install other software made available through the Site. You may also need to install certain third-party software. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses to connect to, browse or otherwise use the Internet. You may access the Services from only one computer at a time.

Materials

The information and materials provided and created through the Site, including audio-visual works, any sound recordings, musical compositions, data, text, graphics, images, user interfaces, visual interfaces, video clips, logos, icons, software and links (collectively, the "Materials"), are intended solely for your personal, non-commercial use. You may print a reasonable number of copies of any textual Material owned by BlueBeat available for downloading on the Site, and may execute a single copy per computer of any software available for downloading on the Site ("Software"). You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of BlueBeat or its licensors or suppliers. Use or downloading of the Software and other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software or other Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of BlueBeat or, if so indicated in writing by BlueBeat, its licensors or suppliers.

You understand and agree that you may not authorize, encourage or allow any Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise BlueBeat promptly of any such unauthorized use(s).

You understand and acknowledge that the Materials are owned by BlueBeat, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. BlueBeat grants you a limited, non-exclusive, non-transferable, revocable right to receive by stream, download and/or copy, as applicable (and subject to the Code of Conduct discussed below), sound recordings and musical compositions offered on the Site to your personal computer or other media as permitted by this Agreement solely for your own personal, non-commercial use.

Upgrades

You acknowledge that BlueBeat may issue upgraded versions of the Software from time to time, and may automatically electronically upgrade the version of the Software that you are using on your computer. You consent to such automatic upgrading, and agree that this Agreement (as amended from time to time) will govern all such upgraded versions. The Software will operate only on those hardware and software platforms specified in the Software documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Software. BlueBeat reserves the right to cease supporting any hardware or software platform at any time, with or without notice. BlueBeat may modify the Software at any time without notice and may discontinue any BlueBeat web site at any time without notice.

Registration

When and if you register to become a member, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer and/or resell your use of or access to the Site to any third party. You also agree not to allow any third party to use your access to the Site. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting http://www.bluebeat.com/account and immediately notify us of the problem by emailing us at support@bluebeat.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Code of Conduct

While using the Site, Services, Materials and/or Software, you agree not to:

Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;

Use the Site, Services, Materials or Software for any unlawful and/or unauthorized purpose;

Express or imply that any statements you make are endorsed by us, without our prior written consent;

Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),

Engage in spamming or flooding;

Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;

Remove any copyright, trademark or other proprietary rights notices contained in the Site, Materials or Software;

"Frame" or "mirror" any part of the Site without our prior written authorization;

Harvest or collect information about Site users without their express consent;

Make available or list any Internet radio program generated by or offered through the Site or BlueBeat's servers on any other web site or in any other medium without the prior express written permission of BlueBeat;

Illegally download, record or store any sound recordings or Internet radio programs from the Site.

Promote or use an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information or operation to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.

While using the Site, Services, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations, and you agree to our End User License Agreement.

BlueBeat allows three authorized copies of each audio-visual download, and one authorized copy of each otherwise read-only program transmission, acquired through lawful distribution/transmission for personal use, provided that the authorized copies
maintain:

You agree that you will not use any robot (bot), spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any type of emulator or simulator to access the Site, and you will not record content via SP/DIF. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of BlueBeat.

Making Purchases

If you wish to purchase products or services described on the Site, you will be asked by BlueBeat or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by BlueBeat in the manner described in our Privacy Policy, which can be found at http://www.bluebeat.com/support/privacy. You agree that all information that you provide to BlueBeat or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply BlueBeat's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to BlueBeat's acceptance of any order. Price and availability of any product or service are subject to change without notice.

Please note that file purchases from a third-party (e.g. iTunes or Amazon) via links on BlueBeat do not constitute purchases of BlueBeat/baseBEAT simulations. BlueBeat.com's simulated live musical performances are solely broadcast at BlueBeat.com and are not for sale at third party sites at this time.

Submissions and Postings

Please note that, because we and our designees may host message boards and other forums found on the Site (collectively, the "Forums") and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

Building Playlists

BlueBeat.com reserves the right to:

edit or delete, without notification, any content or copy deemed inappropriate or offensive created through the Building Playlists service. Repeated abuse may result in removal of playlist-building privileges for the offending user.

promote playlists we feel offer a noteworthy user experience

delete playlists which have remained dormant and unplayed for more than 60 days

Forums

Information on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with BlueBeat. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are users of the BlueBeat community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of BlueBeat. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

We have no obligation to monitor the Site or the Forums, or any Submissions or other materials that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our users; and to comply with legal obligations or governmental requests.

Links

The Site contains links to other Internet web sites which may or may not be owned or operated by BlueBeat. BlueBeat has not reviewed all of the web sites that are linked to the Site, and BlueBeat has no control over such sites. Unless otherwise explicitly stated, BlueBeat is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that BlueBeat offers such links does not indicate any approval or endorsement of any material contained on any linked site. BlueBeat is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Claims of Copyright Infringement:

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by BlueBeat infringe your copyright (for example, materials posted by BlueBeat on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BlueBeat to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by BlueBeat against you, the DMCA permits you to send BlueBeat a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to BlueBeat's designated agent who is:

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use

The Site and Services are owned and operated by BlueBeat in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of BlueBeat and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site or Services in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site and/or Services, as provided in this Agreement or as expressly authorized in writing by BlueBeat or, if so indicated in writing by BlueBeat, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site, Services or Materials.

If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded (if any), but we retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of BlueBeat, BlueBeat's licensors and suppliers, and others. The Trademarks owned by BlueBeat, whether registered or unregistered, may not be used in connection with any product or service that is not BlueBeat's, in any manner that is likely to cause confusion with customers, or in any manner that disparages BlueBeat. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of BlueBeat, BlueBeat's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and BlueBeat will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Access By Minors

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Explicit Content

Certain albums may be subject to the Recording Industry Association of America's ("RIAA") "Parental Advisory Label" ("Labeled Albums"). The RIAA assigns a Parental Advisory Label to single tracks that are commercially released on a stand-alone basis and entire albums. All tracks from an album that has been assigned the Parental Advisory Label will be labeled as "explicit" within the Services ("Labeled Tracks"). If any of your searches on the Services return Labeled Tracks, they will be identified as such in the search results area. In addition, the RIAA Parental Advisory Label logo will appear upon the display of album information for any Labeled Album and/or in the information displayed on the player during the playing of any Labeled Track. Note that tracks that were recorded prior to 1985 are not subject to the RIAA Parental Advisory Label. Your only option with respect to such tracks is to not stream, download or play them back. BlueBeat is not responsible to you for any Labeled Albums, Labeled Tracks or any other content or materials that may be available in connection with the Services that you might find objectionable.

Jurisdictional Issues

The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.

Rules for Sweepstakes, Contests and Games

Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.

Termination

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Services and the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimers:

THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLUEBEAT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. BLUEBEAT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF BLUEBEAT OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, USERS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site, Services, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Services, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at http://www.bluebeat.com/contact/ with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as is reasonably practical. For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.

Limitation of Liability

NEITHER BLUEBEAT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BLUEBEAT AND OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, AND OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

Indemnification

You agree to indemnify, defend and hold BlueBeat, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of and activities in connection with the Site.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. BlueBeat shall be free to use such information on an unrestricted basis.

Questions

The Site is provided by BlueBeat, Inc. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at customerservice@bluebeat.com or, if by U.S. mail, at:P.O. Box 8447Santa Cruz, CA 95061Attn: Customer Service

Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:400 R Street, Suite 1080Sacramento, California 95814or by telephone at (916) 445-1254 or (800) 952-5210.

Void Where Prohibited:

BlueBeat administers and operates the Site from its location in Santa Cruz, California USA; other BlueBeat sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BlueBeat reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous:

This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Cruz, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with BlueBeat's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.